July 13, 2005 CBP Bulletin Notices on Plastic Water Bottles and Motor Support Bearings, Oil Filler Caps, and Felt Wick Lubricators
In the July 13, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 29), CBP issued notices (a) modifying three classification rulings on plastic water bottles, and (b) revoking two classification rulings on motor support bearings, oil filler caps, and felt wick lubricators. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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According to CBP, these modifications and revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after September 11, 2005.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Modification or Revocation of Five Classification Rulings
Plastic Water Bottles. At issue are empty plastic water bottles that are (a) held in a waist pack/bag during leisure activities or travel, or (b) snapped into a frame of a bicycle with the intention of carrying drinking water for a cyclist.
CBP is issuing HQ 967540, HQ 967541, and HQ 967542 in order to modify NY 880582, NY 897965, and NY 867193, respectively, and reclassify the water bottles in HTS 3926.90.9880 as "other articles of plastics, etc.: other" rather than in HTS 3923.30.0090 as "articles for the conveyance or packing of goods, of plastics, etc.: other carboys, bottles, flasks and similar articles."
CBP states that in HQ 952264 (dated 11/25/92), it held that HTS 3923 pertained only to products for the conveyance of commercial goods, but not personal items (i.e., containers for packing and shipping bulk and commercial goods). CBP also states that it has repeatedly ruled that HTS 3923.30.00 applies only to bottles, such as beverage bottles, that are designed to be filled and sold to the ultimate consumer with a beverage therein, but not containers that will be filled by the end user.
As a result, CBP finds that the subject water bottles do not meet the terms of HTS 3923 as they are neither designed to hold nor do they contain a beverage when sold to the ultimate consumer. Instead, they are classified in HTS 3926, the residual heading for other articles of plastics.
(See ITT's Online Archives or 03/21/05 news, 05032150, for BP summary of the proposed rulings.)
new: 3926.90.9880, 5.3%; previous: 3923.30.0090, 3%.
Motor Support Bearings, Oil Filler Caps, and Felt Wick Lubricators. At issue are motor support bearings, oil filler caps, and felt wick lubricators that are used to support the traction motors of diesel railroad locomotives or trucks.
CBP is issuing HQ 967417 and HQ 967544 in order to revoke NY K88338 and NY J88158, respectively, and reclassify the three items (as a set) in HTS 8483.30.80 which provides for, among other things, "other plain shaft bearings" rather than in HTS 8302.49.60 as "other mountings, fittings and similar articles, etc." and HTS 8302.30.30 as "other mountings, fittings and similar articles suitable for motor vehicles, etc. of iron or steel, of aluminum or of zinc."
CBP states that of the three subject items, the motor support bearing imparts the essential character to the set. By application of General Rule of Interpretation (GRI) 3(b), the three items are classified as a set under the heading for the bearing.
CBP further states that based on definitions for the terms "mountings" and "fittings," it finds that the subject bearings cannot be characterized as either mountings or fittings. Rather, CBP concludes that the subject bearings are sliding type bearings that are provided for as plain shaft bearings in HTS 8483.
(See ITT's Online Archives or 05/03/05 news, 05050335, for BP summary of the proposed rulings.)
new: 8483.30.80, 4.5%
previous: 8302.49.60, 5.7%; 8302.30.30, 2%
July 13, 2005 CBP Bulletin (Vol. 39, No. 29) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_07132005_no29/